Court : Supreme Court of India
Reported in : AIR1956SC541; 1956CriLJ945; [1956]1SCR476
Bhagwati, J.1. This appeal with special leave involves the interpretation of section 9 of the Punjab Security of the State Act, 1953 (Punjab Act XII of 1953), hereinafter called 'the Act'. 2. The appellants were members of the Amritsar District Motor Union which took out a procession on 23rd March, 1954 to protest against the policy of the Punjab Government to nationalise motor transport. The procession started from Gul Park and was taken on lorries and jeeps. It stopped near Chitra Talkies and then started on foot. When it reached near Prabhat Studio, the appellants raised slogans 'Jaggu mama hai hai (Jaggu, maternal uncle be dead) ' and 'Khachar Khota hai hai (mule-cum-donkey be dead) '. The first slogan was alleged to have been directed against the Hon'ble Shri Jagat Narain, Transport Minister, Punjab State and the second slogan against the Hon'ble Shri Bhim Sen Sachar, Chief Minister, Punjab State. The uttering of these slogans was considered objectionable and the appellants were c...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1956SC593; 1957(0)BLJR264; [1956]1SCR451
Venkatarama Ayyar, J.1. This appeal arises out of a suit instituted by one Krishna Rao, since deceased, and now represented by his son and heir, the respondent herein, for a declaration of his title to certain building sites situate in Bangalore in the State of Mysore, and for consequential reliefs. These properties belonged to one Munuswami, who died leaving him surviving his third wife Chellammal, three sons by his predeceased wives, Keshavananda, Madhavananda and Brahmananda, and three minor daughters, Shankaramma, Srikantamma and Devamma. On 1-9-1981 the three brothers executed a usufructuary mortgage for Rs. 16,000 in favour of one Abdul Huq over a bungalow and vacant sites including the properties concerned in this litigation. A period of three years was fixed for redemption. There was a lease back of the properties by the mortgagee to the mortgagors on 3-9-1918, and it was also for a period of three years. On 6-9-1918 the three brothers effected a partition under a deed, Exhibit...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1956SC531; (1956)58BOMLR989; 1956CriLJ935; [1956]1SCR382
ORDER Whereas the Government of Bombay is satisfied with respect to the person known as Shri Lawrence Joachim Joseph DeSouza of Bombay, that with a view to preventing him from acting in any manner prejudicial to the relations of India with the Portuguese Government and to the Security of India, it is necessary to make the following Order :- Now, therefore, in exercise of the powers conferred by sub-clause (1) of clause (a) of sub-section (1) of section 3 of the Preventive Detention Act, 1950 (Act IV of 1950) the Government of Bombay is pleased to direct that Shri Lawrence Joachim Joseph DeSouza of Bombay, be detained. By order and in the nameof the Governor of Bombay.Under Secretary to theGovernment of Bombay.Political and ServicesDepartment'. 2. In pursuance of section 7 of the Preventive Detention Act, 1950 (Act IV of 1950) (hereinafter referred to as the Act) the grounds of detention, also dated the 8th June, 1955, was served on him along with the order of detention. The validity o...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1956SC676; [1956]1SCR393
Bhagwati, J.1. These Petitions under article 32 the Constitution impugn the validity of the U. P. Sugarcane (Regulation of Supply and Purchase) Act, 1953 (U. P. Act XXIV of 1953) hereinafter called the impugned Act and the notifications dated 27th September, 1954 and 9th November, 1955 issued by the U. P. Government thereunder.2. The petitioners are sugarcane growers in the several villages of the Districts of Meerut, Kheri, Gorakhpur and Deoria in the State of U. P. numbering 4,724 in the aggregate. Associated with them are the President, the Vice-Presidents and the Secretary of an association which is styled 'the Ganna Utpadak Sangh' which is a rival body to the Co-operative Development Unions established and recognised under the impugned Act. The notification dated 27th September, 1954, issued in exercise of the powers conferred by sub-section 1(a) read with sub-section 2(b) of section 16 of the impugned Act ordered that where not less than 3/4 of the cane growers of the area of ope...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1956SC536; 1956CriLJ940; [1956]1SCR372
Jagannadhadas, J.1. This is an appeal by special leave against the judgment of the High Court of Calcutta confirming the conviction and sentence of each of the two appellants before us, by the Sessions Judge of Murshidabad. The appellants were tried on a charge under section 302/34 of the Indian Penal Code by the Sessions Judge with a jury. The jury returned a unanimous verdict of guilty against each under the first part of section 304 read with section 34 of the Indian Penal Code. The learned Judge accepted the verdict and convicted them accordingly and sentenced each of the appellants to rigorous imprisonment for ten years. 2. In order to appreciate the points raised before us, it is desirable to give a brief account of the prosecution case. The two appellants jointly made a murderous assault on one Saurindra Gopal Roy at about 6-30 p. m. on the 3rd November 1951. There was, owing to litigation, provious enmity between the deceased and the appellants. All of them belonged to a villag...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1956SC488; 1956CriLJ919; [1956]1SCR363
Chandrasekhara Aiyar, J.1. The appellant Basdev of the village of Harigarh is a retired military Jamadar. He is charged with the murder of a young boy named Maghar Singh, aged about 15 to 16. Both of them and others of the same village went to attend a wedding in another village. All of them went to the house of the bride to take the midday meal on the 12th March, 1954. Some had settled down in their seats and some had not. The appellant asked Maghar Singh, the young boy to step aside a little so that he may occupy a convenient seat. But Maghar Singh did not move. The appellant whipped out a pistol and shot the boy in the abdomen. The injury proved fatal. 2. The party that had assembled for the marriage at the bride's house seems to have made itself very merry and much drinking was indulged in. The appellant Jamadar boozed quite a lot and he became very drunk and intoxicated. The learned Sessions Judge says 'he was excessively drunk' and that 'according to the evidence of one witness W...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1956SC520; [1956]1SCR357
Sinha, J.1. This petition under article 32 of the Constitution on behalf of as many as 726 persons, ex-patwaris under the first respondent, the State of Uttar Pradesh, seeks the aid of this Court in enforcing the provisions of articles 14 and 16 of the Constitution, on the allegation mainly that they had been denied equality before the law and equal opportunity for employment under the State. The Revenue Minister of Uttar Pradesh is the second respondent, and the Land Reforms Commissioner of that State is the third respondent. The Collectors of Meerut, Muzaffarnagar, Aligarh, Badaun and Moradabad are respondents 4 to 8.2. It appears that patwaris numbering about 28,000 in the whole of the State of Uttar Pradesh had organised themselves in 1940 into 'The U. P. Patwari's Association' with a view to improving their prospects and emoluments. They were part-time servants of the Government in the Revenue Department. After the Zamindari Abolition Act was brought not operation in that State, t...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1956SC503; 1965CriLJ608; [1956]1SCR303
Das, C.J.1. It is intended by this judgment to dispose of both the appeals mentioned above. The appeals have come up before us in circumstances which may shortly be recounted.2. On 6th December 1954 the appellant Raja Bhairabendra Narain Bhup of Bijni filed T. S. No. 27 of 1954 in the Court of the Subordinate Judge of Lower Assam District at Dhubri praying, inter alia, for a declaration that the Assam State Acquisition of Zamindaris Act, 1951 (Assam Act XVIII of 1951) as amended by Assam Act VI of 1954 was not validly passed, was not law at all and was unconstitutional, ultra vires and void and for a declaration that the impugned Act was, at any rate, inapplicable to the plaintiff's properties and the Notification purporting to be issued under section 3(1) of the impugned Act in respect of the plaintiff's properties was illegal, ultra vires and void.3. On the 23rd December, 1954 the appellant Sm. Bedabala Debi wife of Sri Nripendra Narain Choudhury as the Trustee of Chapor Trust estate...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1956SC513; 1956CriLJ923; [1956]1SCR288
Bose, J.1. Four persons were killed about 11 p. m. on the night of the 21st July 1951 and a number of others injured. This was said to be the result of a riot that occurred in the village Dhankoli. Thirty six persons were committed for trial. Of these, two died during the course of the proceedings. The remainder were all charged under section 325/149 of the Indian Penal Code and eleven were also charged under Section 302/149. 2. The learned Sessions Judge acquitted twenty five of the charge under section 325/149 and convicted nine. He acquitted all the eleven who were charged under section 302/149 but convicted nice of them under section 325/149. 3. The State did not appeal against the acquittals of the twenty five under section 325/149 nor did it appeal against the acquittals of two of the eleven who were charged under section 302/149 but it appealed against the acquittals of the remaining nine who had been convicted under section 325/149. These nine convicts also appealed. The High C...
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